[2023] KEHC 19814 (KLR)
The applicant was convicted on her own plea of guilty for operating a wines and spirits business without a liquor license and sentenced to a fine or imprisonment. The court accepted documentary evidence from the County Probation Director confirming the applicant's release from prison on a presidential pardon. The...
Source-derived case information.
- Citation
- [2023] KEHC 19814 (KLR)
- Parties
- Applicant: Lentine Wanjiku; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Nyamira
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E066 of 2023
- Procedural Posture
- Criminal Revision / Ruling
- Outcome
- Application allowed; applicant to be released if still in custody; revision file closed.
- Judges
- WA Okwany
- Legal Topics
- Liquor License Offences, Alcoholic Drinks Control, Conviction on Plea, Sentencing, Presidential Pardon
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lentine Wanjiku
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling
Legal Issues
- 1 Whether the applicant was lawfully convicted and sentenced for operating a wines and spirits business without a liquor license.
- 2 Whether the applicant is entitled to release following a presidential pardon.
Ratio Decidendi
The applicant was convicted on her own plea of guilty for operating a wines and spirits business without a liquor license and sentenced to a fine or imprisonment. The court accepted documentary evidence from the County Probation Director confirming the applicant's release from prison on a presidential pardon. The court found that, in the unlikely event the applicant remained in custody, she should be released forthwith unless held for another lawful cause. The revision file was closed as the sentence had been overtaken by the pardon and there was no further issue for determination.
Court Disposition
Application allowed; applicant to be released if still in custody; revision file closed.
Orders
- If the applicant is still in custody, she shall be released forthwith unless held for any other lawful cause.
- The revision file is hereby closed.
Full Case Text
Judgment text and source record
18 paragraphs
Wanjiku v Republic (Criminal Revision E066 of 2023) [2023] KEHC 19814 (KLR) (29 June 2023) (Ruling)
Neutral citation: [2023] KEHC 19814 (KLR)
Republic of Kenya
In the High Court at Nyamira
Criminal Revision E066 of 2023
WA Okwany, J
June 29, 2023
Between
Lentine Wanjiku
Applicant
and
Republic
Respondent
(From the original Conviction and Sentence in Criminal Case No. E085 of 2023 by Hon. W. Chepseba, Chief Magistrate on 19thJanuary 2023)
Ruling
1. The Applicant was charged and convicted on her own pela of guilty for two counts of the offence of operating wines and spirit without a liquor license contrary to section 14 (1) (3) as read with section 34 (a) of the Alcoholic Drinks Control Act No 4 of 2010. The trial court fined her a sum of Kshs 10,000/= or in default to serve 6 months imprisonment. The letter by Kennedy Okemwa the County Probation Director dated June 15, 2023 indicates that the Applicant was released from Kisii GK Prison on May 28, 2023 on Presidential pardon. In the unlikely event that she is still in custody, it is hereby directed that she be released forthwith unless she be held for any other lawful cause. The revision file is hereby closed.
Orders accordingly.
DATED AND DELIVERED AT NYAMIRA ON THIS 29TH DAY OF JUNE 2023. W.A. OKWANYJUDGE